This property has a documented history as a facility associated with PFAS-containing materials going back to 1970. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
Firefighting training operations using aqueous film-forming foam (AFFF) at this property are documented as far back as the 1970s, with practice burn pits confirmed as primary PFAS source areas and Wisconsin DNR granting variances for burn activities throughout the 1980s. Per- and polyfluoroalkyl substances — including PFOS, PFOA, and PFHxS — have been detected at elevated concentrations across French Island, contaminating municipal wells, hundreds of private residential wells, and potentially the Black River. Wisconsin DNR has designated this an active Environmental Remediation Program case, with bottled water being provided to affected residents and ongoing site assessment and remediation work underway. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Wisconsin — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The use of AFFF-based firefighting foam at this facility's training areas began in the 1970s and continued through the 1980s, placing the contaminating operations squarely in the pre-1986 window. The extensive groundwater remediation, private well sampling and treatment, residential water supply provisions, and surface water assessment still ahead represent substantial future costs that those historical carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.